PROCEDURE-COURT

Tenant Must Pay Outstanding Use and Occupancy While Overcharge Claim Pending

September 28, 2022    

Tenant sued landlord claiming that his basement apartment was subject to rent stabilization and that he had been overcharged. Landlord denied tenant's claims and asked the court to order tenant to payment monthly...

Court Lifts ERAP Stay in Case Involving Licensee Who Paid Rent to Tenant

September 28, 2022    

Landlord sued to evict apartment occupant, claiming that he was either a squatter or licensee. The occupant filed an ERAP application that automatically stayed the proceeding. Landlord asked the court to vacate the...

Landlord Can't Vacate ERAP Stay Just Because Program Funds Had Been Exhausted

September 28, 2022    

Landlord sued to evict Yonkers tenant for nonpayment of rent. The proceeding was stayed because tenant filed an ERAP application for rent relief. Landlord asked the court to vacate the ERAP stay because the...

Court Won't Lift ERAP Stay Despite Pre-Pandemic Rent Arrears

September 27, 2022    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant initially defaulted, but the case was reopened and tenant was given an opportunity to answer. But in March 2020, the case was delayed...

Holdover Petition Was Served Before Court Assigned Initial Return Date

September 27, 2022    

Landlord sued to evict tenant after tenant's lease expired. Landlord asked the court to vacate a stay of the holdover proceeding resulting from tenant's filing of an ERAP application. In response, tenant...

Eviction Proceeding Dismissed Due to Insufficient Termination Notice

September 27, 2022    

Landlord sued to evict tenant in 2020 based on failure to remove illegally erected apartment partitions and illegal subletting. Landlord had issued a notice to cure and termination notice in late 2019. Tenant asked...

Eviction Proceeding Dismissed Where Proof of Service Not Timely Filed

September 27, 2022    

Landlord sued to evict tenant and served its notice of petition and petition in compliance with RPAPL Section 735. Three days later, landlord filed proof of service of the petition. This was nine days before the...

Court Denied Landlord's Request to Vacate ERAP Stay

September 27, 2022    

Landlord sued to evict an ETPA/Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed over $10,000. Tenant filed an ERAP application, which stayed the proceeding. Landlord asked the court to...

Court Vacates ERAP Stay Where Unregulated Tenant's Tenancy Had Expired

August 25, 2022    

Landlord of two-family house sued to eject tenants of one unit. Their lease had expired on Jan. 31, 2019, after which they remained as month-to-month tenants. Landlord sent tenants a 90-day termination notice in...

ERAP Stay Vacated Where Occupant Claimed Succession Rights

August 24, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant filed for ERAP assistance, which automatically stayed the proceeding. Landlord then asked the court to vacate the ERAP stay....

Court Vacates ERAP Stay Granted to Unlawful Subtenant

August 24, 2022    

Landlord sued to evict tenant for illegally subletting his apartment to an occupant. The case was stayed due to subtenant's filing of an ERAP application. Landlord asked the court to vacate the stay, arguing that...

Court Vacates ERAP Stay Where Tenant's Income Was Above Threshold for Relief

August 24, 2022    

Landlord sued to evict a project-based Section 8 tenant from HUD-subsidized apartment for failure to complete the required annual recertification process for the apartment. Landlord asked the court to vacate an ERAP...